Velazquez-Castillo
Velazquez-Castillo v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
The Velazquez family petitions this court for review of a final order by the Board of Immigration Appeals (“BIA”) denying the Velazquezes eligibility for suspension of deportation and affirming a deportation order issued by an immigration judge (“IJ”). 1 We grant the petition.
Factual Background
The Velazquezes are natives and citizens of Mexico. Alejo and Maria entered the *586 United States without inspection in July of 1987 and then returned to Mexico several months later to get their children. On June 17, 1995, the Velazquezes were served Orders to Show Cause (“OSCs”) asserting that they had entered the United States on or about July 1,1988.
At their February 8, 1996 Master Calendar Hearing, the Velazquez family admitted the allegations of fact in the Orders to Show Cause, conceded deportability, and applied for relief under INA § 244(a), which requires elements of seven years continuous physical presence in the United States, good moral character and undue hardship. The Velazquezes conceded the July 1, 1988 date of entry at their hearing. Their oldest daughter, whose date of birth is November 16, 1980, indicated in an affidavit that she was almost 8 years…